Quem pode menos paga mais: tributação sobre o consumo no Brasil e democracia

The Brazilian tax levied on the consumption matrix has been poorly understood, not only by those suffering such an impact, but also by the common law under the higher courts. Several conceptual misinterpretations have been verified concerning the elements of the legal relationship involving the taxa...

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Bibliographic Details
Main Authors: de Barros e Silva, Rafael Santos, Gassen, Valcir
Format: Article
Language:Portuguese
Published: 2011
Subjects:
Online Access:https://dialnet.unirioja.es/servlet/oaiart?codigo=5120210
Source:Revista Brasileira de Direito, ISSN 2238-0604, Vol. 7, Nº. 2, 2011 (Ejemplar dedicado a: Revista Brasileira de Direito), pags. 167-199
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Summary: The Brazilian tax levied on the consumption matrix has been poorly understood, not only by those suffering such an impact, but also by the common law under the higher courts. Several conceptual misinterpretations have been verified concerning the elements of the legal relationship involving the taxation on consumption. The concentration of taxation on consumption prompts to low-income citizens to have a greater share of their income, deducted by the payment of taxes embedded in goods prices. Insofar as the national tax burden deducts more taxes from the poor, there is a direct violation of the Rule of Equality, Contributory Ability and Personhood of Taxation, which represent the democratic bias that must exist in the revenue inflow derived through a rule of law.